Paulo Ferdinand v. Frugence Bigutu, (PC) Civ. App. 25-M-67, 15/12/67, Cross J.

Paulo Ferdinand v. Frugence Bigutu, (PC) Civ. App. 25-M-67, 15/12/67, Cross J.

Deceased made a will three weeks before his death which purported to revoke an earlier will. The parties contest the validity of the second will. Paulo, the disinherited heir, clears the second after testator’s death. He contended that whatever the reasons for his disinheritance he should have been afforded an opportunity to rebut them, and because such opportunity was not given to him the latter will is invalid.

            Held: (1) Government Notice No. 436/1963, clause 35 provides; “The disinherited heir should be given an opportunity of clearing himself before the testator or family council.” (2) The provisions of clause 35 are not mandatory, so Pulo cannot, as a matter of right, have the will set aside. (3) A disinherited heir can also, as Paulo has done here, apply to a court for a decision as to whether the disinheritance was justified. On the basis of the evidence before the court, the disinheritance was justified.